Penalty of coun

Acate.

the fame to fuch petty conftable on his producing the certi"ficate and fuch other vouchers as aforefaid."

66

་་

Sect. 18. And it is further enacted, by 17 Geo. 2. c. 5. terieiting certi- f. 18. "That if any petty conftable or governor of any houfe "of correction fhall counterfeit any fuch certificate or re"ceipt, or knowingly permit any alteration to be made there"in he fhall forfeit 50l. And if he fhall not convey fuch vagrants, or not deliver them to the proper perfon; or if any constable shall refufe to receive any fuch perfon, or to "give fuch receipt he fhall forfeit 20% by diftrefs and fale by warrant of the juftices in feffions where the offence fhall "be committed; half to the informer and half to the trea"furer, to be applied by him as part of the public stock." + Sect. 19. And it is further enacted, par. 19. "That "the parish or place to which any rogue, vagabond, or in"corrigible rogue fhall be conveyed fhall employ in work, or "place in fome work-houfe or almshoufe the person so con"veyed until he shall betake himself to fome fervice or other " employment, and if he fhall refufe to work, &c. the over"feers may carry him before fome juftice to be fent to the "house of correction to hard labour."

Vagrant to be fet to work.

Vide the cafe

wood. Burr. Setti. Cafes 840.

+ Sec. 20. And it is further enacted, par. II. << That

"if the churchwarden or other perfon who fhall receive any ef Rex v. Ring-perfon fo fent fhall think the examination to be false he "may carry the perfon fo fent before a justice, who, if he fee "caufe may commit fuch perfon to the house of correction "till the next feffions; and the juftices there may deal with "such a perfon as an incorrigible rogue. But he shall not be " removed from the place to which he is fent, but by order of "two juftices, in the fame manner as other poor perfons are removed to the place of their fettlement."

Scottishvagrants

Trish vagrants.

+ Sect. 21. And it is further enacted by the faid ftatute, par. 13. "That the conftable of any parifh or place within the counties of Cumberland, Northumberland, Durham, or "the town of Berwick fhall, on any perfon being so delivered "to him by a pafs and examination, whofe place of legal fet"tlement is in Scotland deliver the examination to the clerk "of the peace; and convey fuch perfon with the país, and "deliver him to fome conftable or other officer of the next "parish, diftrict or place within the next adjoining fhire, ftewartry or place, taking his receipt for him; and if any "fuch vagrant, after being fo conveyed into Scotland fhail be found wandering, begging or misbehaving himself in "England he shall be deemed an incorrigible rogue." + Sect. 22. And it is further enacted, par. 14. "any mafter of a veffel bound for Ireland, the Ifles of Man, Jelley, Guernsey or Scilly fhall, on warrant to him direct

"That

* ed

"ed, under the hand and feal, of a juftice of the place

How fuch va

where fuch veffel fhall lie, take on board fuch vagrant as "fhall be expreffed in the warrant, and convey him to fuch "place; and for the charges thereof the constable who "ferves him with the warrant fhall pay him fuch rate by grants shall be "the head, as the juftices in feffions fhall appoint, and fuch conveyed. "master fhall on the back of the warrant fign a receipt for "the money fo paid, and alfo for the vagrant fo delivered. "Which warrant fo indorfed fhall be produced to the juftice "who figned and fealed the fame, and, upon his allowance "thereof, under his hand, the money fo paid fhall be re-paid "by the county, as other money for conveying vagrants. "And fuch mafter neglecting or refufing to transport fuch vagrants, or to indorfe the receipt, fhall forfeit 5. to the 66 poor of the parish or place where the offence fhall be com"mitted, to be levied by diftrefs and fale of the ship or any goods within the fame, by warrant of one juftice, return"ing the overplus on demand after the penalty and charges of "the fame are fatisfied. But no mafter fhall be compelled to "take on board more than one vagrant for every 20 tons "burthen."

66

difpofed of,

Sect. 23. And it is further enacted, par. 20. "It fhall How lunatick "be lawful for any two juftices where any dangerous luna- vagrants may be "tic or mad perfon fhall be found by warrant under their "hands and feals, directed to the conftables, churchwardens "and overfeers of the poor of the parish or place, or fome of "them, to caure fuch perfon to be apprehended and kept "fafely locked up in fome fecure place within the county or "precinct, as fuch juftices fhall under their hands and feals. "direct and appoint; and (if neceflary) to be there chained, "if the laft legal fettlement of fuch perfon fhall be within "fuch county or precinct; and if fuch fettlement shall not "be there, then fuch perfon fhall be fent to the place of his ' or her laft legal fettlement by a pafs mutatis mutandis as "aforefaid, and fhall be locked up or chained by warrant of "two juftices of the county or precinct to which fuch per"fon is fo fent; and the reafonable charges of removing, "and of keeping, maintaining and curing fuch perfons dur"ing fuch reftraint (which fhall be only during fuch lunacy "or madness) fhall be fatisfied and paid (being first proved upon oath) by order of two juftices directing the church"wardens or overfeers where any goods, chattels, lands or "tenements of fuch perfon fhall be, to feize and fell fo much "of them or receive fo much of the annual rents of the lands "and tenements as is neceffary to pay the fame and to account "for what is fo feized, fold, or received to the next quarter any former "feffions. But if fuch perfon hath not an estate to pay or rights over the perfons of lu66 fatisfy the fame, over and above what fhall be fufficient to maticks. "maintain

N. B. This a&t

all not reftrain

Penalty of lodging vagrants.

Children born in vagrancy.

"That

"maintain his or her family, then fuch charges fhall be paid
"by the place to which fuch perfon belongs by order of two
juftices directed to the churchwardens and overfeers."
+ Sec. 24. And it is further enacted, par. 23.
"if any perfon fhall knowingly permit any rogue, vagabond,
"or incorrigible rogue to lodge or take fhelter in his house or
"barn or other out-houfe or building and fhall not apprehend
"and carry him before a juftice, or give notice to the confta-
ble fo to do; and fhall be convicted thereof by confeffion,

¢

or oath of one witness, before one juftice, he shall forfeit "not exceeding 40 s. nor less than 10 s. half to the inform"er and half to the poor by diftrefs and fale; and if any "charge fhall be brought on any parish or place by means of

fuch offence, the fame fhall be answered to the faid parifh or place by fuch offender and be levied by diftrefs and fale "of his goods as aforefaid: And if fufficient diftrefs cannot

be found, fuch offender fhall be committed to the house of "correction by the juftice, for any time not exceeding one month."

"That

+ Sect. 25. And it is further enacted, par. 25. "where any woman fhall be delivered of a child or children and become chargeable to the parifh or place, the church"wardens or overfcers may detain her until they can fafely CC convey her to a juftice; who shall examine her and commit Mr. Burn fays, "her to the houfe of correction until the next feffions, who the justice must make a record "may order her to be publickly whipped and detained for any of the whole further time not exceeding fix months, and upon applicaproceeding in order to give the "tion by the churchwardens and overfeers of the place where fame in evidence the was fo delivered, the justices at such feffions fhall order the if the fettlement treafurer to pay them a reasonable fum, for the charges wards conteited." fuch place has been put to on her account, and if the thail "be detained and conveyed to a juftice as aforefaid; the "child of which fhe is delivered, if a baftard, fhall not be "fettled where fo born, nor be sent thither for want of other "fettlement, by a país, by virtue of this act; but the fettle"ment of fuch woman shall be deemed the fettlement of fuch "child."

fhould be atter

Note. By feet. 22, whoever fall neglect his duty, or refift the execution of this at hall forfeit not exceeding 5 nor under 20 s. By feet. 33. the charges of apprehending, conveying, and malataining offenders shall be included in the county rate. Fy fect. 26. an appeal is given to the next quarter leflions which fhall be final. And by feet. 34. the power of special franchises with regard to Vigrants, is excepted from this act,

A TABLE

Such of the Contents as have the Letter (N) added at the End, 1efer to the Notes.

$

ceffaries, by common law 132, 153, ACCOUNTS.-Vide Highways